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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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Our sub contractor contracted with the scaffolder and won’t

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Our sub contractor contracted with the scaffolder and won’t remove scaffold until he is paid what he invoiced but the surveyor and us don’t agree this is what he is owed can we take down the scaffold legally
JA: Where are you? It matters because laws vary by location.
Customer: Brighton uk
JA: What steps have you taken so far?
Customer: We have asked them to remove the scaffold we told them we would pay the certified sum and we are being pursued for liquidated damages
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The sub contractor letter of instruction said they should invoice when works approved by the surveyor and that they would be liable for any penalties

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Has the subcontractor provided a breakdown of his charge? Why don't you agree with it?

Customer: replied 17 days ago.
The surveyor in charge of the job is disagreeing because they are overcharging for render repairs they didn’t carry out they want extra money for scaffold hire but they delayed the works because they were too busy during lock down the main point is not what they are owed but can we legally take the scaffold down

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

As the scaffold is not on the scaffolders’ or subcontractor’s property, the owner can eventually take it down (or instruct someone to do so). However, as the scaffolding itself belongs to someone else, you need to ensure that when it is taken down, it is done with reasonable care and skill and it is then stored, ready for collection by its rightful owner.

Before you take it down, you need to give them formal notice of your intentions, together with a deadline to remove it themselves and then state what would happen in the event they refuse to comply. A reasonable notice would be a couple of weeks or so, to allow them to make arrangements for its removal and ensure they find a suitable date and time to do so.

However, if they fail to remove it, then you can do as discussed above.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 17 days ago.
Hi Ben your answer was very useful but one further question. If we can’t get the scaffold to them how long should we give them to collect it and if they don’t can we dispose of it

Hi I will reply to this on the separate thread, thank you

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